Do Gay Couples Have Estates & Probate Rights in Florida?
Do gay spouses have inheritance and probate rights in Florida? Will a same sex marriage be recognized in a Florida probate court? If one spouse of a gay marriage, or a same sex marriage, dies, does the surviving spouse have inheritance rights in Florida? What will a Florida probate court do regarding the property rights of a gay man or woman who has just lost his or her gay spouse? In Florida, probate attorneys are familiar with the US Supreme Court cases Perry v Hollingsworth and US v. Windsor, where the United States Supreme Court overturned the Defense of Marriage Act (DOMA). Florida probate attorneys, and those Florida attorneys who draft wills and trusts, as well as Florida attorneys who handle estate administration, and Florida personal representatives, are now confronted with a potential set of facts which will determine whether same sex couples have inheritance rights in Florida. What will probate courts in Palm Beach County do? Broward County, Florida and Miami Dade County, Florida have a number of same sex couples. Ft. Lauderdale and South Beach and Miami have a number of Florida gay residents who were married in other states which recognize same sex marriages and gay marriages. If one spouse dies, does the surviving gay spouse have a right to property and an intestate inheritance if one dies without a will? Does a Broward County, Florida surviving partner to a same sex marriage have a right to a share of the deceased gay spouse’s estate? Florida probate law grants a surviving spouse many rights and preferences and privileges regarding property, bank accounts, tenancy by the entirety accounts, homestead, wills, trusts and estates. These Florida probate, property and inheritance rights and privileges and preferences are unique to SURVIVING SPOUSES ONLY. Florida estate lawyers who understand probate know that Florida law also gives a surviving spouse a preference to serve as personal representative, or as administrator, of a Florida estate. For a surviving spouse of a same sex couple, or a gay marriage, to enforce his or her Florida inheritance and property rights, that gay man or woman will have to deal with the Florida Constitution. Article I of the Florida Constitution, SECTION 27 reads: “Marriage defined.-Inasmuch as marriage is the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.” This was adopted in 2008 in Florida. Are you a surviving spouse of a gay marriage or same sex couple living in Miami? Prepare for a legal collision between the Florida Constitution and the US Supreme Court cases…..and the US Constitution. Is this the next legal battle for human and civil rights? What’s your strategy? Who’s on your team? Advocate hard. Litigate smart. Call for a free consultation. 561-514-0900